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HomeMy WebLinkAboutR92-102 zone district amendment for Pilgrims Downs phase II�U0 0 c Commissioner 6A7 moved adoption of the following Resolution: flu/ BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - IN RE THE MATTER OF THE APPLICATION OF Q Q Alfred Williams and Daniel Williams (Applicant) G For APPROVAL of a ZONE DISTRICT AMENDMENT and the PRELIMINARY PLAN for the PILGRIMS DOWNS PHASE II, PLANNED UNIT DEVELOPMENT aCi FILE NO: PD- 153 -90 -P �� WHEREAS, on or about May 1, 1990, the County of Eagle, State of Colorado, accepted for filing an application submitted by I- c;.Q) Plan Inc. for Alfred Williams and Daniel Williams (hereinafter U � _ "Applicant ") for approval of a Zone District Amendment and the Q � Planned Unit Development Preliminary Plan for the Pilgrim Downs r Phase II Planned Unit Development, File No. PD- 153 -90 -P for the CL U parcels of land described in Exhibit A attached hereto and incorporated herein by this reference; and w c� WHEREAS, the applicant requested the approval of a Planned �. Unit Development (PUD) Preliminary Plan as described in a set of Q) drawings titled "Preliminary Plat Pilgrim Downs -Phase II," by Johnson, Kunkel & Associates, dated May 1, 1990, and received by r� Eagle County Department of Community Development on May 1, 1990, ~ and approved by the Board of County Commissioners (hereinafter "the Board ") on July 2, 1990; and as further described in the -� Pilgrim Downs Planned Unit Development, PUD Guide, dated July 23, w 1990, and approved by the Board and recorded on September 17, Ln 1990; and r, Fy WHEREAS, public hearings were held by the Board on June 26, zz 1990 and July 2, 1990. Ln i W Ln w WHEREAS, based on the evidence, testimony, exhibits, study z of the Master Plan for the unincorporated areas of Eagle County, z comments of the Eagle County Department of Community Development, M w comments of public officials and agencies, the recommendation of the Eagle and Colorado Valley Planning Commission, and comments from all interested parties, the Board finds as follows: m t a t C) I. Proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. II. Pursuant to Section 2.18.02(3) of the Regulations, the Board makes the following findings in its review of the Pilgrims Downs Phase II PUD Preliminary Plan: (a) The Preliminary Plan is in general conformance with the Pilgrims Downs Sketch Plan and conditions of approval. (b) The proposed subdivision conforms to all applicable regulations policies and guidelines. (c) The reports on file pertaining to geologic, soils, wildfire, flood and airport hazards, mineral resource areas and significant wildlife areas, the recommenda- tions as prepared by the referral agencies, have been considered. III. Pursuant to Section 2.06.13(2) Standards and Requirements, Planned Unit Development, the Board finds as follows: (a) The PUD is consistent with the intent and objectives of the Master Plan, The Edwards Sub -Area Plan and the policies therein. Specifically with regard to the Master Plan the Board finds the development of this project as proposed: 1. To have a full range of public services available. 2. To have a significant economic determinant to the Edwards area and to the County generally. 3. To have minimized any negative effects on the social and natural environment. 4. To be capable of being phased in order to address current and anticipated market conditions. (b) The design and construction of the PUD includes adequate, safe, and convenient arrangements for pedestrian and vehicular circulation, off - street parking and loading space. (c) The design of the PUD provides adequate access and fire protection, adequate setbacks to insure proper ventilation, light, air, and snowmelt between 2 buildings, and insures that the P —is compatible with other development in the area. (d) Open space for the PUD has been planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery, and to produce a feeling of openness. Areas designated as common or public open space pursuant to the requirements of this section are accessible by proper physical and legal access ways. (e) The developer has provided central water and sewer facilities as required by the County Commissioners, the Colorado Department of Health, and the local health authorities. (not applicable) (f) The development has been designed to provide for necessary commercial, recreational and educational facilities conveniently located to residential housing. (not applicable) (g) Clustered housing and other buildings promote maximum open space and economy of development and variety in type, design and layout of buildings. (h) Maximum height of structures have been be established by the approved PUD plan. IV. Pursuant to Section 2.06.13(3) criteria for evaluation of the PUD, the Board finds as follows: (a) Open space (25% Minimum) The provision of open space and park areas total 25% of the site area. (b) Residential density The density is appropriate after consideration of the Master Plan and individual characteristics of the subject land. (c) Density of Other Uses (not applicable) The density of uses other than residential is appropriate after consideration of the Master Plan and individual characteristics of the subject land. -3- (d) Architecture Each structure in the Planned Unit Development has been designed in such a manner as to be compatible with other units in the area and to avoid uniformity and lack of variety in structural designs. (e) Mixed Uses The PUD has been designed to provide commercial, recreational and educational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion. (not applicable) (f) Minimum Area The PUD meets the minimum area requirement for a PUD. (g) Maintenance of Open Space The landowner(s) have provided for the ownership and maintenance of common open space and private roads, drives and parking. (h) Employee Housing The applicant has provided for employee housing needs. V. Pursuant to Section 2.06.13(7)(a) Preliminary Plan Review, the Board finds as follows: 1. The Environmental Impact Report is not applicable. 2. The information and conditions of Sketch Plan have been addressed. 3. An application for a zone change has been properly submitted and reviewed. 4. The PUD control document has been submitted, reviewed and is recorded with the Clerk and Recorder at Book 537, Page 879. VI. Pursuant to Section 2.14.04, Review of Zone District Amendments, the Board finds as follows: (a) The rezoning is consistent with the Master Plan and the Edwards Sub -Area Plan; the area possesses the geologic, physical and other environmental conditions compatible with characteristics of the use requested; and the -4- v e t + advantages of the use requested ou weigh the disadvantages. (b) Conceptual evidence has been provided that the land has access and can be serviced with water and sewage disposal systems appropriate with the zone district being sought. (c) The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the application for approval of the Pilgrims Downs Phase II Zone District Amendment and the Planned Unit Development Preliminary Plan be and is hereby conditionally granted for a maximum of six dwelling units. Such units shall be generally located in the areas depicted in the Preliminary Plan and as further restricted in the approved Planned Unit Development PUD Guide, recorded at Book 537 and page 879 and attached as Exhibit B. The conditions which must be met prior to Final Plat approval are as follows: 1. The Final Plat shall have a note stating that the interior roads are all private roads, not subject to County maintenance. 2. A retaining structure for the access driveway must be designed and submitted to the Eagle county Engineer for review. 3. The access road should be collateralized to assure construction of the retaining structure and revegetation. 4. The PUD guide must be amended to inform potential homeowners of potential conflicts with wildlife. THAT, the Pilgrim Downs Phase II Preliminary Plan submitted under this application and hereby approved, does not constitute a "Site Specific Development Plan" as that phrase is defined and used in C.R.S.24 -68 -101, et seq. THAT the Board hereby directs the Department of Community Development to enter this amendment on the appropriate page(s) of the Official District Map and record the change in the Office of the Eagle County Clerk and Recorder. -5- C ; The Board further finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ, Commissioners of held the tunc th AND ADOPTED by the Board of County the Co ty of Eagle, St e f of rado, at it day of , 19W e 2nd day of July, 1990. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By. Liu- By: lerk to the Board o Richard L. Gustafson, Chairman County Commissioners Georg A. Gates, Commissioner Do a d . Welch, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Richard L. Gustafson Commissioner Donald H. Welch¢, This Resolution passed by K.Izr vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT "A" Legal Descriptio ) Amended Pilgrim Downs - Phase II A parcel of land in Section 13, and in Tract 59 of Sections 13 and 24, Township 5 South, Range 83 West of the Sixth Principal Meridian, Eagle County, Colorado, according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said parcel being more particularly described, with all bearings contained herein based on a bearing of N. ° 58'23 "W. between Corner No. 5 of said Tract 59, a 2 1/2" diameter brass cap monument on a 1" diameter iron pipe, and Corner No. 8 of said Tract 59, said point also being the Southwest Corner of Section 18 of Township 5 South and Range 82 West, a 2 1/2" diameter brass cap monument on a 2" diameter iron pipe , being more particularly described as follows: Beginning at said Corner No. 8 of Tract 59; thence along Line 8- 7 of said Tract 59, said 1inu dlso being the North( -rly boundary line of Lot 8B of "A Resubdivision of Lots 8A, 8B, and 11A of the Final Plat: A Resubdivision of Colorow at Squaw Creek" N.89 057116 "W. 1314.81 feet to Corner No. 7 of said Tract 59, a 2 1/2" diameter brass cap monument on a 1" diameter iron pipe; thence along the Easterly boundary line of "A Resubdivision of Colorow at Squaw Creek" N.02 0 00'07 "W. 1307.71 feet to a point on the Northerly boundary line of said Tract 59, said point also being on the Southerly boundary line of a parcel of land recorded in Book 469 at Page 477 of the Eagle County Records; thence along the Southerly and Easterly boundary of said parcel recorded in Book 469 at Page 477, and the Southerly and :westerly boundary of a parcel recorded in Book 283 at Page 659 the following three (3) courses: 1) S. 0 57'55 "E. 5.94 feet 2) N. 0 45'48 "W. 193.71 feet 3) S. 0 42'52 "E. 1309.31 feet to a point on the Easterly line of said Section 13; thence along said Easterly -line S ° 05'31 "E. 188.01 feet to Corner No. 1 of Tract 59, a 2 1/2" diameter brass cap monument on a 1" diameter iron pipe; thence along line 1 -8 of said Tract 59, said line also being the Easterly lines of Sections 13 and 24 and the Westerly boundary line of Pilgrim Downs, Filing Nos. 5 and 6 S. 0 56 1 36 "E. 1307.92 feet to the point of beginning. Said parcel contains 45.205 acres, more or less. Date SURVEYOR'S NOTE The parcel intended to 442 at Page described Steph R. Wujek IJo.•:'25`c3Y Vice President = Johnson, Kunkel & Ass! nc. _- herein is the result or a field surve'y',- -an-? is errors contained in the :teed recorded :-n 3c ; Eagle County Records. correct any 295 of the RECEIVED EXHIBIT "B" CFP 2 4 1990 EAGLE COUNTY PLANNED UNIT DEVELOPMENT CONTROL DOCUMENT COMMUNITY DEVELOPMENT for PILGRIM DOWNS, PHASE II USES BY RIGHT Lots 1 through 3: ing e family dwelling or primary /secondary dwelling where the secondary unit may not exceed 1200 square feet of liveable space. Uses shall include accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls, and similar landscape features. The secondary dwelling may not be subdivided from the primary dwelling. Both the primary and secondary dwellings must be built within the building envelope except that the existing residence on Lot 2 may be restored even if out of the building envelope. Accessory structures over 120 square feet must be included within the building envelope. MINIMUM SETBACKS Front Yard 50 feet from property line Rear Yard Side Yard MAXIMUM BUILDING HEIGHT 35 Feet 20 feet from property line 20 feet from property line NOTE: Pilgrim Downs, Phase II, is a wildlife area; encounters with wildlife are common and it is incumbent upon the residents to reduce any and all conflicts with wildlife. -5- 434031 5 -537 P -879 09/17/90 16:5;= PG 1 OF 2 REC DOC JOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 10.00 0.00 t J i a x 434031 B -537 R -879 09/17/90 16:52 OWNER: ate Att t: -7 Date PG 2 OF 2 OF 7 l 1 OUNTY COMMISSIONERS: or Date Attest: Date HOMEOWNERS ASSOCIATION: President: Date: C Attest: Date: Revised: 05/01/90